Evolution Of The Divorce System In New China And Contemporary Analysis Of The Status Of Implementation

With the rapid development of market economy in people living standard improving at the same time, also appeared a few highly harmonized notes. Keeping second wife, family violence and many other phenomenon caused some marriage and family broke down. Divorce problem is a complex social phenomenon, it can be created in its social origins and historical roots. The family is society cells, fundamentally, marriage relations resulting from the conflicts are social contradictions reflection, the marriage disputes by nature, content will have a social and political system and social form decision. This paper attempts to take the promulgation of the new marriage law, based on the perspective of learning, always divorce system with foreign related divorce system and the compare to study the matrimonial legal system in China related question. Divorce system, as an important part of the marriage system, because of its effect on personal, family, social influence and high-profile, due to various reasons, the new marriage laws in the matrimonial legal system has some shortcomings, in some issues, argue it twittering. Although marriage law implemented over time, but there are still some problems, not getting good solution to divorce system research discussion is far from over.Therefore, this paper USES a comparative study methods, summarizing, explores the way, through the defect existing in the current law, analyze the causes and tries to perfect the current law of presents the author of deficiency in some Suggestions for further understanding, divorce laws system to provide some enlightenment.The letter divides into three parts:First part:the divorce of the People's Republic of China legal system.This part, expounds formulated after the founding of three of the marriage law, through to the 1950 "marriage law",1980 "marriage law" and 2001 after the revised "marriage law" the three different periods of the marriage law enacted the review, this paper expounds the marriage law about divorce system in relevant regulations. And to our marriage law in the divorce system divorce legislation evolution made comparison and analysis, clear analysis of the development process of the divorce legislation.Part 2:modern divorce laws system's implementation status analysis and the ponderSince the founding of new China, the face of a complex situation, need to use for reference foreign laws and regulations formulated by the reference, which belongs to or suitable for the legal system of our country, so this part in China by analyzing current divorce laws system deficiency and with America, France and Germany about divorce system modification process compared to the reference, perfect our country's divorce the defect existing in the legal system. Practice is the sole criterion for testing truth, so this part, combined with the practice of specific case, has been through analysis, found in the present marriage law in China about divorce system, analyze the defects of the system of the reasons of the existence of divorce deep. Through the analysis of the problems in existing conditions, in combination with the basis of presents the author himself, to perfect our country's divorce system are made.Part 3:epilogue...